MAGISTRATES' COURT.

Globe, Volume XX, Issue 1454, 14 October 1878, Page 2

MAGISTRATES' COURT.

CHEISTCHUECH. Monday, October 14. [Before G. L. Mellish, Esq., E.M.] Drunkenness. —Mary Maule, just out of Addington gaol,iwas lined 60s; Christina Clegg 10s. Two jfirst offenders', were fined 5s each. Eailyvay Ordinance. —David Butler, a little boy of tender years, waa summoned for driving two horses across the railway line at the Lincoln station while a train was approaching. His Worship captioned the boy, and dismissed the information. Breach of Slaughter-house Ago?.—W. H. Lodge, of Bingsland, was summoned for neglecting to keep his slaughter-house clean. The Inspector of Slaughter-houses proved the unfit state of the premises, and stated that the Selwyn County Council did not wish to presß for penalties in the case of first offences. Defendant was ordered to pay the costs of the information amounting to 6s 6d, no fine being inflicted. His Worship at the same time reminded the defendant that he had made himself liable to have his license cancelled. J. T. Dingle was summoned for slaughtering three head of cattle on the 4th October, contrary to the provisions of the Slaughter-house Act. The offence was admitted, but being a first one, his Worship ordered defendant to pay the costs of the information 6s 6d, and then dismissed it. Cruelty to Animals. —W. H, Lodge was charged with torturing a pig at; New Brighton on October 4th. The defendant said if there had been any cruelty practised it was unknown: gly on his part. He had instructed his man to do what was necessary, but his orders had been neglected. His Worship accepted the explanation of defendant, and after cautioning him dismissed the information. Wandering Cattle. —E. Lambie was fined 5s for allowing cattle to wander at large. Violent Assault.—Alexander Muir was summoned for violently assaulting John Parker on the 4th inst. The complainant said the assault was committed in one of the back rooms of Carl's Hotel on the evening in question. Defendant first tried to shut up a draught-board over his head, and then struck him on the head. Oeorge Taylor gave evidence in favor of the complainant, but did do throw much lrght on the matter. From his statement it appeared to have been a dispute arising out of defendant's importuning complainant to play cards with him, which he refused to do ; a scuffle then took place and the complainant's face was cut. His Worship said he had no doubt the assault arose out of the defendant's teasing the complainant; had he let him alone no assault would have probably taken place. His Worship inflicted a fine of 10s and costs.

Abusive Language.—Q-eorge Brown -was summoned for using abusive language to Titos. Fowler on October 4th calculated to provoke a breach of the peace. Mr Izard appeared for the complainant, and Mr R. D. Thomas for the defendant. The evidence, which was of a very contradictory character, displayed the fact that since the 10th July a great deal of bad feeling had existed between the two families of Brown and Fowler, and that it culminated in the circumstances that led to the present information being laid. His Worship said it was a very singular case, in which there was little doubt the opinions of the witnesses were influenced by angry feeling. On the evidence the case wotald have to be dismissed, with 14s costs to witnesses. Disobeying an Obdeb of the Cotjbt.— Nathaniel Melbourne was summoned for disobeying an order of the Court, adjudging him to pay 10s per week for the maintenance of his three children in the Industrial School. Defendant, a laborer, pleaded that he had been out of employment all the winter and had been unable to pay. At present he was working for Mr Abbott. He said he was prepared now to pay £3 at once. His Wor ship said the case would be adjourned .VA next Wednesday, to ascertain the tru' r ' r° r~;— *» -*-*«*.ent. He v* .^J 6 , to make some arrangements with regard to the arrears now due.

Unlawfully Netting Ftsh.—Walter and Elizabeth Walker were summoned for using a certain net for taking fish in the River Avon at New Brighton, on September 27th. Mr R. D. Thomas appeared fcr the defendants, and Mr Harper for the Acclimatisation Society, at whose instance the information had been laid. Mr Thomas admitted the fact of the fish having been caught, but pleaded that no offence had been committed. Mr Douglaß, the Society's ranger, proved the catching of the fish by means of a net, which contained eight herrings. Mr Harper put in as evidence a " Gazette " notice referring to the Salmon and Trout Act, 1867, and said that, in the part of the river where the defendants had been fishing there were silmon and trout that were sought to be protected. The ranger said be was not aware whether any boundary for fishing in the River Avon had been specified by the Acclimatisation Society. He had laid the information in his capacity of one of the society's officer. Mr De Troy gave evidence that the boundary fixed by the Society, extended as far as New Brighton. He did not think any trout or salmon would be likely to be caught where the defendants had fished. In fact they knew he was, as a ranger, aware that they were fishing in that part of the river. Mr Harper said the Society did not charge the defendants with having caught salmon or trout in that part of the river, but they wished to settle the question as to whether they had a right to put a net down. His Worship adjourned the case until next Monday for the purpose of allowing the counsel for the prosecution to see if any legal definition could be obtained as to what part of the river Avon is protected. Manslaughter. John Dempsey was charged with the manslaughter of Hugh McClatchie, at the G-arrick Hotel, on Sept. 16th. Sergeant Morice was the first witness examined, and his evidence was in all material respects identical with that given by him at the coroner's inquest, and which has been already published. The witness in giving his evidence refreshed his memory from notes he had taken down at the Hospital when McClatchie made his sworn statement before Dr. Coward. In answer to Mr Thomas, the witnese said that he took down McClatchie's statement in pencil, and copied it in ink the same evening. The statement of McClatchie was not taken down so copiously by the witness as by Mr Martin, the Magistrate's clerk, but subttantially it was the same. [Left sitting.]